Tribunal's Orders - Act Part 13, Section 115

---

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

---

Summary

This section outlines the responsibilities of a tribunal once it determines whether or not an appeal is acceptable.

---

Text of Legislation

115. (1) After considering whether the grounds for appeal have been met, the tribunal may, by order,

(a) confirm, vary or cancel the determination under appeal, or

(b) refer the matter back to the director.

(2) [Repealed 2004-45-93.]

---

Policy Interpretation

Subsection (1)

Once the tribunal is satisfied that:

• the appeal request should not be dismissed in accordance with s.114 of the Act; or
• the grounds for appeal as identified in s.112(1) have been met

the tribunal may:

• confirm, vary or cancel the determination under appeal; or
• refer the matter back to the director for further investigation, if satisfied that there is not enough evidence to make a decision

---

Related Information

Related sections of the Act or Regulation

ESA

• s.112, Appeal of director’s determination
• s.113, Director’s determination may be suspended
• s.114, After an appeal is requested
• s.116, Reconsideration of orders and decisions

Other

See Employment Standards Tribunal website at www.bcest.bc.ca